HUPPERT V. KIPEN

HUPPERT V. KIPEN

Due to irretrievable destruction of mutual confidence and inability of the parties to properly carry on the partnership, and the fact that both parties contributed to the breakdown but the respondent was not disqualified from relief, it was just and equitable to order dissolution of the partnership.

Parties
Appellant: Huppert; Respondent: Kipen
Jurisdiction
Australia
Judgment Date
28 October 1965
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Dissolution of Partnership, Just and Equitable Grounds
Partnership Law Dissolution of Partnership Just and Equitable Grounds

Case Brief

Summary, issues, holding and outcome

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Parties

Huppert

Appellant

Kipen

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether dissolution of the partnership was just and equitable due to loss of mutual confidence and cooperation
  2. 2 Whether fault of the parties disentitled respondent from relief

Ratio Decidendi

Due to irretrievable destruction of mutual confidence and inability of the parties to properly carry on the partnership, and the fact that both parties contributed to the breakdown but the respondent was not disqualified from relief, it was just and equitable to order dissolution of the partnership.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.